Legal Notice
Introduction
Welcome to www.EpicBearing.com. This site is provided by www.NeptuneBearing.com.
(referred to throughout this site as "EpicBearing.com") as a service to our customers.
Please review the following rules that govern your use of the www.EpicBearing.com
site (the "Agreement"). Please note that your use of the EpicBearing.com site (the
"Site") constitutes your unconditional agreement to follow and be bound by these
Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby
bypass this Agreement, your use of this Site still binds you to these Terms of Use.
EpicBearing.com reserves the right to update or modify these Terms of Use at any
time without prior notice to you. Your use of the Site following any such change
constitutes your unconditional agreement to follow and be bound by these Terms of
Use as changed. For this reason, we encourage you to review these Terms of Use whenever
you use this Site.
Use of this Site
By accepting these Terms of Use through your use of the Site, you
certify that you are 18 years of age or older. If you are under the age of 18 but
at least 13 years of age you may use this Site only under the supervision of a parent
or legal guardian who agrees to be bound by these Terms of Use. EpicBearing.com does
not intentionally collect personal information about children under the age of 13.
Children under the age of 13 may not use this Site and parents or legal guardians
may not agree to these Terms of Use on their behalf. If you are a parent or legal
guardian agreeing to these Terms of Use for the benefit of a child between the ages
of 13 and 18, be advised that you are fully responsible for his or her use of this
Site, including all financial charges and legal liability that he or she may incur.
If you do not agree to (or cannot comply with) any of these terms and conditions,
do not use this Site. All billing and registration information provided must be truthful
and accurate. Providing any untruthful or inaccurate information may constitute a
breach of these Terms of Use. By confirming your purchase at the end of the checkout
process, you agree to accept and pay for the item(s) requested.
All materials, including images, text, illustrations, designs, icons, photographs,
diagrams, programs, video clips and written and other materials that are part of
this Site (collectively, the "Contents") are intended solely for personal, non-
REPAIR MATERIALS, DOCUMENTS AND ADVICE: All of the repair information, advice, instructions, data, and other Troubleshooting materials are provided to you free of charge (collectively, the “Repair Materials”). As such, EpicBearing.com does not make any representations or warranties with respect to any Repair Materials or the results you will achieve through their use. EpicBearing.com DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH YOU OR OTHERWISE WITH RESPECT TO THE REPAIR MATERIALS. EpicBearing.com is not, nor will it be, liable for any personal or property injury, damage and/or liability, whether in the form of direct, indirect, consequential, special, exemplary or other damages, arising out of your use of or reliance upon the Repair Materials, or the acts or omissions of EpicBearing.com in relation to the Repair Materials.
You may not, without EpicBearing.com prior express written permission, "mirror" any Contents or Repair Materials contained on this Website on any other server.
Pricing Information
Prices and availability are subject to change without notice.
Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks,
trade dress and/or other intellectual property owned, controlled or licensed by EpicBearing.com,
one of its affiliates or by third parties who have licensed their materials to EpicBearing.com
and are protected by U.S. and international copyright laws. The compilation (meaning
the collection, arrangement, and assembly) of all Contents on this site is the exclusive
property of EpicBearing.com and is also protected by U.S. and international copyright
laws. Some diagrams on the Site are the property of the referenced manufacturer,
such as Whirlpool, etc.
EpicBearing.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of EpicBearing.com’s or any third party's intellectual property rights.
The EpicBearing.com logos and all related product and service names, design marks and slogans are the trademarks or service marks of www.NeptuneBearing.com. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply EpicBearing.com’s endorsement, sponsorship or recommendation of the third party, information, product or service. EpicBearing.com is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.
Indemnification
You agree to defend, indemnify and hold harmless EpicBearing.com and
its affiliates from and against any and all claims, damages, costs and expenses,
including attorneys' fees, arising from or related to your use of the Site.
Termination
These Terms of Use are effective unless and until terminated by either
you or EpicBearing.com. You may terminate this Agreement at any time, provided that
you discontinue any further use of this Site. EpicBearing.com also may terminate
this Agreement at any time and may do so immediately without notice, and accordingly
deny you access to the Site, if in EpicBearing.com’s sole discretion you fail to
comply with any term or provision of this Agreement. Upon any termination of the
Agreement by either you or EpicBearing.com, you must promptly destroy all materials
downloaded or otherwise obtained from this Site, as well as all copies of such materials,
whether made under the Terms of Use or otherwise. EpicBearing.com’s rights to any
Comments, and rights to indemnity, shall survive any termination of this Agreement.
Disclaimer
THIS SITE IS PROVIDED BY EpicBearing.com ON AN "AS IS" AND "AS AVAILABLE"
BASIS. EpicBearing.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS,
OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
EpicBearing.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, EpicBearing.com DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY
YOUR USE OF THE EpicBearing.com WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE
RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER
OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY,
WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL EpicBearing.com OR
ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS
BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY EXEMPLARY, PUNITIVE, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN
CONNECTION WITH THE USE OF OR INABILITY TO USE THE EpicBearing.com WEB SITE, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK
STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED
REPRESENTATIVE OF EpicBearing.com HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL V BE LIABLE FOR ANY DAMAGES IN EXCESS
OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH
PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
General
This Agreement represents the complete agreement between the parties and supersedes
all prior agreements and representations between them. Headings used in these Terms
of Use are for reference purposes only and in no way define or limit the scope of
the section. If any provision of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the extent necessary to make it
enforceable and the other terms of this Agreement shall remain in full force and
effect. The failure of EpicBearing.com to act with respect to a breach of this Agreement
by you or others does not constitute a waiver and shall not limit EpicBearing.com’s
rights with respect to such breach or any subsequent breaches. This Agreement cannot
be modified or waived except in a writing signed by the President of EpicBearing.com.
This Agreement shall be governed by and construed under Ohio law without regard to
conflicts of law provisions. Any action or proceeding arising out of or related to
this Agreement or your use of this Site must be brought in the state or federal courts
located in Franklin County, Ohio, and you consent to the exclusive venue in and personal
jurisdiction of said courts.
Your Representations
You represent that you are not under any legal or other disability
which limits your ability to comply with these Terms or to install and use the products
you purchase with minimal risk of harm to you or others. You further represent that
you are not purchasing the products for resale to others and will not do so without
EpicBearing.com’s prior written consent.
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